E.R.K. Ex Rel. R.K. v. Hawaii Department of Education

OPINION

D.W. NELSON, Senior Circuit Judge:

Are state-funded high school diploma programs for adults who never graduated from high school a form of “public education”? 20 U.S.C. § 1412(a)(1)(B)®. We conclude that they are. Accordingly, we hold that a Hawaii statute establishing an age limit on public education violates federal law, and reverse in part the district court’s entry of judgment in favor of the Defendant-Appellee.

Background

In 2010, the Hawaii state legislature enacted a law, dubbed “Act 163,” barring students from attending public school after the last day of the school year in which…